Iraq in the Balance: Will the Shia Prosecute Their Own?

An Iraqi judge has ruled that there is enough evidence to try two former Health Ministry officials, both Shiites, in the killing and kidnapping of hundreds of Sunnis, many of them snatched from hospitals by militias, according to American officials who are advising the Iraqi judicial system.

The case, which was referred last week to a three-man tribunal in Baghdad, is the first in which an Iraqi magistrate has recommended that such high-ranking Shiites be tried for sectarian violence. But any trial could still be derailed by the Health Ministry, making the case an important test of the government’s will to administer justice on a nonsectarian basis.

By a quirk of Iraqi law, ministries are allowed to block prosecution of their officials if they decree -- truthfully or not -- that those officials were "carrying out their official duties." Naturally, mass-murdering Iraqi Sunni is not one of the official duties of the Iraqi Health Ministry; but the Interior Ministry (the most powerful ministry in Iraq) has used this dodge in the past to prevent prosecution of rampaging police officials.

The consequences of this decision, no matter which way it falls, are so stark and existential that it's not unreasonable to say this opportunity will either make or break the new democratic Iraq:

If Health decides to allow the prosecution to proceed against former Deputy Health Minister Hakim al-Zamili and Brig. Gen. Hamid al-Shammari (al-Shammari was head of the Health Ministry security force), then Sunni all across the country -- indeed, across the entire Middle East -- will finally come to the realization that the democratic revolution is for real, that it's not just "meet the new boss." Iraqi Sunni will flock to the polls for the next election, whenever that is scheduled; and they will participate in the Iraqi government wholeheartedly. Iraq will have shown the world that it's not just a new oppression, this time by the majority against the minority.

But if the Health Ministry refuses to allow the case to proceed, then for all Sunni in the region (and mind that the Shia are only a majority in a minority of Moslem countries), the "Iraq experiment" will be proven a colossal failure. Overthrowing Saddam Hussein will still have had utility, but nothing like the effect if a fair and just democracy could arise in its place.

One tribe seizing control from another tribe -- Arabs have already seen and understood this. What was unique was the idea that the oppressors would be ousted in favor of free state that practiced justice and rule of law. That is what has never before been seen in the Arab or Persian Middle East.

The two accused Shiite officials are both Sadrites, and Muqtada Sadr personally secured them their positions; curiously, the government is only trying to prosecute them now because of a terrible fumble by the Mahdi Militia:

The case, which involves officials allied with the anti-American cleric Moktada al-Sadr and his Mahdi Army militia, would have been difficult for the Iraqi government to take on in the past because Prime Minister Nuri Kamal al-Maliki received crucial support from Sadr supporters in Parliament.

Since the spring, however, when Sadr ministers withdrew from the government, Mr. Maliki has distanced himself from Mr. Sadr’s supporters, and he has allied himself with a rival Shiite group, the Supreme Islamic Iraqi Council.

Sachi has argued for some time that Sadr made a dreadful mistake by pulling out of the government and then fleeing to Iran; she noted that he was certain to lose control: In tribal countries like Iraq, propinquity is the lodestone of power. If you're not constantly looking down people's necks and breathing over their shoulders, they'll swiftly find some other master to serve.

The Times article recounts the fascinating (if repellant) history of the Mahdi Militia. Modeling itself after the Hezbollah of Iran and Syria (say, there's a shock), the militia began by building hospitals, infiltrating the Health Ministry -- and turning the health industry into a kidnapping, torture, and murder mill. The slaughter was carried out in an organized fashion, by order, and often targeting helpless Sunni already sick or wounded and in hospital... along with their loved ones, who were often kidnapped and butchered when they unwisely came to visit the patient. The two charged individuals together are thought to account for hundreds of these ritualistic human sacrifices.

We should definitely be holding our breath about this story. There are few events that can honestly be called "crisis points," where the fate of a nation balances on the knife-edge of uncertainty; but this qualifies.

So... keep watching the skies.

Hatched by Dafydd on this day, November 8, 2007, at the time of 4:31 PM

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Comments

The following hissed in response by: Dick E

Dafydd-

Naturally, mass-murdering Iraqi Shia is not one of the official duties of the Iraqi Health Ministry

I think you meant "Sunni". (Unless, of course, this was an obscure -- to me, at least -- reference to the former regime.)

Oops, good catch on the Shia vs. Sunni. Oddly, unlike many bloggers I could name but won't, I do actually edit my posts carefully before posting... but it just goeth to show, it's always better to get someone else to edit one's writing!

This reminds me of the Reconstruction South when the Southern whites were allowed to do pretty much whatever they wanted to blacks.

Immediately after the Civil War the former slaves were given the opportunity to take part in the political process. Then came the Hayes Compromise in 1876 {I think}and that meant all sorts of mayhem was let loose in the South when the troops were pulled out.

There was still democracy in America however, it was not just what it was supposed to be. Hopefully the Iraqis will not make the same mistake.

{I want to make it plain that I was comparing the Reconstruction South with Iraq, not because I think that people living in the South are or were radical Muslims or slaves but because I saw certain specific historical parallels. After what happened to Ms. Rice, I figure one can't be too careful about what one says. The thought police might be about}

Terre,
A fairly good parallel from history. Say what you mean and say it well. (You usually do). Don't ever worry about what someone else 'may think' about it or have it affect what you may post. Never give that much power to any mere mortal. PC is a horrible affliction whose sole purpose is to obfuscate the truth.

The above hissed in response by: MarkJM at November 9, 2007 6:10 AM

The following hissed in response by: Cincy

Please follow up on this for those of us with limited time. Also, anyone in a position of persuasion should press the Maliki government to prosecute these monsters.

The above hissed in response by: Cincy at November 9, 2007 6:15 AM

The following hissed in response by: Dick E

Dafydd-

PC is a horrible affliction whose sole purpose is to obfuscate the truth.

Hmm … is that the affliction rampant today among the mush-for-brains crowd in Washington, in the MSM and on college campuses? Or is it the diabolical device I’m currently sitting in front of?
;-)

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